The right to peaceful assembly under Articles 19(1)(a) and 19(1)(b) is not absolute and subject to reasonable restrictions for public order.

O R D E R

This writ petition has been filed by the petitioner to quash the proceedings issued by the 1^st respondent in the proceedings in Na.Ka.No. 21/SDO/Town/TUT/2025 and the proceedings issued by the 3^rd respondent in Na.Ka.No.06/Forecast/B3PS/TUT/2025 dated 19.02.2025 and to direct the respondents to grant permission to hold the peaceful gathering in a manner that complies with the law.

2. The learned Senior Counsel appearing for the petitioner would submit that the petitioner is a secretary of the Tamil Nadu Eluchi Tholilalar Nala Sangam registered under the Trade Unions Act. The petitioner submitted the representation before the respondents on 29.01.2025 and 05.02.2025 and the same was rejected on 19.02.2025 by the 1^st and 3^rd respondents. Earlier, one of the associations namely TamilNadu Muraisara Tholilalar Congress, submitted a representation on 16.12.2024 to the respondents 1 to 3, and conducted a peaceful gathering on 20.12.2024. The primary agenda of the peaceful gathering was to address the loss of employment opportunities in Thoothukudi District. After a successful gathering and being impressed with the manner and method of organizing and the resolution drawn therein, many other trade unions and associations wanted to conduct a similar gathering to demonstrate solidarity and seek government's intervention to work in their interest. The intention of this peaceful gathering is to pass resolutions and take them to the attention of the State Government and Central Government. Many unions, including Fishermen Association, approached the petitioner to organize a larger peaceful gathering to seek government's attention. Therefore the petitioner/union submitted a separate representation to the 3^rd respondent, then to the 1^st respondent to conduct a peaceful gathering.

3. He further submitted that The Secretary of Tamilnadu Eluchi Thololalar Nala Sangam, namely Dharmar, gave a representation before the Superintendent of Police, ASP, Thoothukudi Town and South Police Station on 29.01.2025 for conducting a peaceful gathering on 07.02.2025 and the same was granted. However, due to unforeseen circumstances, they are unable to conduct peaceful gathering on that date and the same was re- scheduled on 20.02.2025 and hence they submitted a fresh representation on 05.02.2025. After the receipt of such representation, the 3^rd respondent initially acceded and gave oral permission. However when the second representation to conduct the peaceful gathering on 20.02.2025 was given, the previous day a letter was given by the 1^st and 3^rd respondents. The reasons stated by the respondents are that the proposed place is not an approved place for conducting gathering, the venue is close to Tirunelveli - Thoothukudi Highway and the scheduled time is closing hours of the schools and colleges and it will cause traffic congestion. One of the topics to conduct peaceful gathering is about the Sterlite copper plant. The Hon'ble Supreme Court upheld the closure of the copper plant. Therefore, they denied to grant permission. The rejection of permission for the peaceful gathering is an infringement on their fundamental rights to peacefully assemble and gathering, guaranteed under Article 19(1)(b) of the Constitution of India. The right to freedom of speech and expression under Article 19(1)(a) includes the right to articulate grievances peacefully even against the government or orders passed by constitutional authorities/legislations etc. The petitioner seeks to exercise this fundamental right and denial of per